Poor v. Humboldt Ins. Co.
| Decision Date | 27 August 1878 |
| Citation | 125 Mass. 274 |
| Parties | John R. Poor v. Humboldt Insurance Company |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
[Syllabus Material]
Suffolk. Contract on a policy of insurance, dated July 12 1875, by which the plaintiff was insured in the sum of $ 2500 "on his frame building and fixtures known as the Oceanic House, situate in the town of Gosport, Star Island, Isles of Shoals, N. H." The policy also contained the following clause: "Warranted a family to live in said house throughout the year."
At the trial in the Superior Court, before Putnam, J., the execution of the policy, and the loss of the insured premises by fire on the night of November 11, 1875, during the term of the policy, were admitted; and the only question was whether there had been a compliance with the warranty.
Benjamin F. Timmins, called by the plaintiff, testified that he was employed by the plaintiff as porter in the hotel at Star Island in the summer of 1875; that the hotel closed for the season about September 15; that he and Daniel Murray, after the house was closed, slept for about two weeks in a room two stories over the office of the hotel in the main house; that they both spent every night together at the hotel; that Murray then left and Patrick Philben took his place; that after a time their room was changed to a room over the kitchen, so that they might be able to have a stove when the weather should become cold; that no stove was ever set up that the witness and Philben slept in the room every night until the fire, and were sleeping there that night; that neither of them was off the island, from the time the house closed until after the fire; that they hauled stone and lumber from the back part of the island; that they kept their clothes and trunks in the room they slept in; that they went through the house every evening with a dark lantern to see that the windows were locked; that the plaintiff had twelve or fourteen men on the island who lived at the Atlantic House where the witness and Philben took their meals; that they used to go out in the morning to their breakfast, and went back at night to sleep, and that sometimes they went in in the daytime to change their clothes.
Patrick Philben testified that he was hired by the plaintiff in June, 1875, to go to Star Island; that during the summer he lived at a house on the island; that, after the hotel closed and Murray went away, he went to the Oceanic House and roomed with Timmins; that he slept there every night until after the fire; that they roomed there every night and occasionally came in at noon times, and, when business called them, several times through the day; that he often went in to change his boots; that about all the time he was around the house; that they kept their trunks and all their clothes there, and went to the Atlantic House to get their meals; that they generally had supper about six o'clock, and stood round afterwards at the Atlantic House with twelve or fourteen men talking till bedtime; that they went through the lower part of the Oceanic House with a dark lantern nearly every night, and sometimes went up stairs; that they had no light except a dark lantern and a candle in their room; and that they moved from the room over the office to a room over the kitchen, because there was no chimney near the first room.
After the house closed in September, there was no other occupancy than such as appears from the above...
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